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对于行政裁量的控制,美国行政法长期予以关注。在诸多的理论中,有关行政裁量的自我拘束问题对于中国当下行政法治建设具有积极的参考意义。行政机关自愿采取的自我限制行为,可以减少行政人员恣意行事或因权力导致腐败的可能性。通过自我拘束措施,行政机关将政策得以成文化。行政机关必须遵守自己制定的规则,这是美国阿卡迪原则的核心内容。但这种司法原则还需要其他前提条件的配合,如立法性规则与非立法性规则的界分,进而使其从事后监督的功能转化为具有事前自我拘束的激励功能。
For the control of administrative discretion, American administrative law has long been concerned about. In many theories, the issue of self-restraint on administrative discretion has a positive reference meaning for the current construction of administrative law in China. Self-imposed acts voluntarily taken by the executive authorities can reduce the possibility for administrators to behave in any way or because power causes corruption. Through self-restraint measures, the executive branch of the policy into a culture. The executive must abide by its own rules, which is at the core of the U.S.Akadis principle. However, this kind of judicial principle still needs the coordination of other preconditions, such as the division of legislative rules and non-legislative rules, so as to turn the function of post-supervision into a self-restraint and incentive function.